Regulations on Examination and Approval of Permanent Residence of Aliens in China

(Approved by the State Council on December 3, 1986, promulgated by theMinistry of Public Security and the Ministry of Foreign Affairs on December 27,1986, amended with the approval of the State Council on July 13, 1994 andpromulgated by the Ministry of the Public Security and the Ministry of theForeign Affairs on July 15, 1994)

These Rules are formulated in accordance with Article 33 of The Law of thePeople's Republic of China on Control of the Entry and Exit of Aliens(hereinafter referred to as The Law on Control of the Entry and Exit of Aliens).

Aliens who hold ordinary passports issued by countries which have diplomaticrelations or official trade contacts with China as well as letters or telegramsfrom authorized organization in China, may, under any of the followingcircumstances where they must necessarily rush to China but have no time forvisa application to the aforesaid agencies, apply for visas to the visa-grantingagency at the entry port as authorized by the Ministry of Public Security:

(1) they are invited at the last moment by a Chinese host to come to Chinafor a trade fair;

(2) they are invited to China to make a tender or to formally sign aneconomic or trade contract;

(3) they come to China by appointment to supervise an export shipment,inspect an import commodity or to participate in a check-and-accept operation inaccordance with contracts;

(4) they are invited to participate in the installation of equipment or inthe emergency repair of an engineering project;

(5) they come to China at the request of the Chinese side to solve a problemof claims;

(6) they are invited to come to provide technical advisory services;

(7) they come to China due to a last-minute change in the composition of avisiting group which took place after the visa had been granted to the group andwhich is approved by the Chinese side;

(8) they come to China to see patients in critical conditions, or toundertake funeral matters;

(9) owing to force majeure, persons in immediate transit cannot leave thecountry within 24 hours by taking the original plane, or have to change to othermeans of transport for leaving the country; or

(10) they are invited to China for other matters, and really have no time toapply for visa to the aforesaid Chinese resident agencies abroad but holdletters or telegrams from the designated competent authorities that give theconsent for them to apply for visa from the visa-granting agency at the entryport.

Visa-granting agencies at entry ports shall not handle visa applications ofaliens who do not come under the aforesaid circumstances.

Article 3 Different categories of visa, such as diplomatic, courtesy,service and ordinary visas, shall be issued to different aliens in accordancewith the different status in which they visit China and the different categoriesof passport they hold.

Article 4 According to the stated purpose of aliens' visit to China, theordinary visas shall be marked with certain Chinese phonetic letters:

(1) D visa to aliens who come to China for permanent residence;

(2) Z visa to aliens and their accompanying family members who come to Chinafor a post or employment;

(3) X visa to aliens who come to China to study, to engage in advancedstudies, or to do fieldwork, for a period of 6 months or more;

(4) F visa to aliens who are invited to China for a visit, investigations,giving lectures, doing business, carrying out scientific, technical or culturalexchanges, or for short-term advanced studies or fieldwork, etc. for a period ofnot exceeding 6 months;

(5) L visa to aliens who come to China for sightseeing or visiting relativesor for other private purposes (group visa may be issued to a group of nine ormore aliens on a sightseeing trip to China);

(6) G visa to aliens passing through China;

(7) C visa to train attendants, airline crews and seamen and theiraccompanying family members in international operations; and

(8) J-1 visa to aliens who come to China as a resident correspondent, whileJ-2 visa to foreign correspondents who come to China for covering specialevents.

Article 5 Aliens applying for visas shall provide such pertinentinformation as requested and go through the following procedures:

(1) to present a valid passport or a certificate that can be used as apassport;

(2) to fill in a visa application form and hand in recent frontal hatlesshalf-length passport-size photos; and

(3) to present, for examination, documents of certification pertaining tothe purposes of entry or transit application.

Article 6 The documents of certification as mentioned in Item (3) ofArticle 5 of these Rules refer to:

(1) in applying for D visa, the permanent residence confirmation form, whichmay be applied for by the applicant himself or through his relatives in China tothe entry-exit control department of the public security bureau of the city orcounty where the applicant is to reside;

(2) in applying for Z visa, documents of certification issued by the sponsoror employer organization in China indicating the engagement or employment, orletter or telegram sent by an authorized organization;

(3) in applying for X visa, documents of certification issued by thereceiving organization or by the competent department concerned;

(4) in applying for F visa, a letter or telegram sent by an authorizedorganization;

(5) in applying for L visa for a tourist trip in China, a certificate ofreception from a Chinese tourist service, and when necessary, the flight, trainor ship ticket for the country(region) of destination after leaving China;

(6) in applying for G visa, a valid visa for entering the country(region) ofdestination, or through tickets in case such a visa is exempt;

(7) in applying for C visa, the relevant documents of certification thatshould be presented according to the agreements concerned; and

Aliens who are to come to China for permanent residence or for residence ofone year or more shall in addition, in applying for entry visas, produce forexamination a health certificate issued by a medical institution designated bythe government of the country of their current residence or one issued by anyother medical institution and certified by a notary public. The healthcertificate shall be valid for 6 months from the date of issue.

Article 7 Aliens coming under the following categories shall not bepermitted to enter China:

(1) those who are expelled by the Chinese Government whose term of no-entryhas not yet expired;

(2) those who are considered prone to terrorist or subversive activities orviolence after entering the country;

(3) those who are considered prone to smuggling, prostitution or drugtrafficking after entering the country;

(4) those who suffer from mental disorder, or infectious diseases such asleprosy, AIDS, venereal diseases or contagious tuberculosis, etc.;

(5) those who lack the means to support themselves financially while stayingin China; and

(6) those who are considered prone to other activities, after entering thecountry, which shall jeopardize the security and interests of the country.

Article 8 Aliens may be exempt from going through the procedures forobtaining a transit visa if they hold a through ticket and have booked seats oninternational airliners flying immediately through China and will stay in thetransit city for not exceeding 24 hours without leaving the airport; aliens whowish to leave the airport shall apply to the border inspection office forstopover permits.

Article 9 When a vessel in international service anchors at a Chinese port,the foreign crew members and their accompanying family members shall, whenwishing to disembark without leaving the port city, apply to the borderinspection office for disembarkation permits, and, for lodging permits, whenwishing to stay overnight on land. Those who, with justification, wish to go toplaces beyond the port city or are unable to leave the country by the originalvessel shall apply to the local public security bureau for appropriate visas.

Chapter II

Inspection of the Entry and Exit Certificates

Article 10 Aliens shall, upon arrival at a Chinese port, present to theborder inspection office for examination their valid passport with visa andother relevant certificates issued by the Chinese government, and fill inentry-exit cards. They may enter the country after the border inspection officehas examined, approved and stamped their certificates.

Article 11 Upon arrival of a foreign aircraft or vessel at a Chinese port,the persons in charge shall fulfill the following obligations:

(1) the aircraft commander, the captain or their agent shall submit to theborder inspection office the lists of the crew members and the passengers;

(2) they shall report, immediately upon discovery, cases of persons aboardattempting to illegally cross China's borders to the border inspection officefor disposition; and

(3) they shall see that persons not permitted to enter the country leave onthe original means of transport and that the expenses during the stay in Chinaof persons who cannot promptly leave the country owing to force majeure arecovered along with their travel expenses for departure.

Article 12 The border inspection office shall have power to prevent theentry or exit of aliens coming under the following categories:

(1) those who do not hold valid passports, certificates or visas;

(2) those who hold forged, altered or other than their own passports orcertificates;

(3) those who refuse to have their certificates examined; and

(4) those whose entry into or exit from the country shall not be permitted,as notified by the Ministry of Public Security or the Ministry of StateSecurity.

Article 13 Aliens shall, on leaving the country, present for examinationtheir valid passports or other valid certificates as well as visas or residencepermits authorizing their stay in China.

Article 14 Aliens and means of transport of aliens, which are required bythe visa-granting agencies to pass through designated ports, shall enter orleave the country only through the designated ports.

Article 15 With respect to those aliens who are forbidden to enter thecountry according to Article 12 of these Rules, in the event that they areunable to return promptly by the original means of transport, the borderinspection office may take necessary measures to restrict their bounds ofactivities, and give orders for them to leave the country by the next availablemeans of transport.

Chapter III

Residence

Article 16 Aliens who hold D, Z, X and J-1 visas shall, within 30 days ofentry, go through the procedures with the public security bureau of the city orcounty where they are to reside for the residence permit for aliens or temporaryresidence permit for aliens. The term of validity of the aforesaid residencecertificates shall be the time limits of the authorized stay in China for thecertificate holder.

The residence permit for aliens shall be issued to those who will stay inChina for a period of one year or more.

The temporary residence permit for aliens shall be issued to those who willstay in China for a period of less than one year.

Aliens who hold F, L, G, and C visas may stay in China within the timelimits as their visas indicate, without the necessity to obtain the residencecertificate.

Article 17 In applying for residence certificates, aliens shall providesuch information as requested and complete the following procedures:

(1) to present for examination their passports, visas and documents ofcertification pertaining the purpose of their residence;

(2) to fill in the residence application form; and

(3) where applying for the residence permit for aliens, to present forexamination their health certificate together with their recent frontal hatlesshalf-length passport-size photos.

Article 18 The term of validity of the residence permit for aliens shall beone to five years, which shall be decided according to the purpose of residenceof the alien by the public security bureau of the city or county.

To aliens who satisfy the requirements as provided in Article 14 of the Lawon Control of the Entry and Exit of Aliens, the public security organ may granta long-term residence permit ranging from one to five years, and a permanentresidence permit, to those with meritorious performance.

Article 19 Aliens exempt from visa under the agreement between China andthe relevant country shall, where they wish to stay in China for a period of 30days or longer, apply for the residence certificate after entry, in accordancewith Article 16 and 17 of these Rules.

The provisions of the preceding paragraph shall not apply to aliens asmentioned in Article 34 of the Law on Control of the Entry and Exit of Aliens.

Article 20 Aliens who need to prolong their stay or residence in Chinabeyond the expiration of their visas or residence certificates shall apply foran extension before the expiration of their visas or certificate.

In the event that any alien, while staying in China, is found to havesuffered any of the diseases as mentioned in Item (4) of Article 7 of theseRules, the Chinese competent authorities of public health may suggest to thepublic security organ that the alien in question be ordered to advance his dateof exit from China.

Article 21 In case of any changes in the entries (name, nationality,occupation or status, place of work, address, passport number and accompanyingchildren, etc.) of the residence permit for aliens, the permit holder shall,within 10 days, go through the registration procedures for the change at thepublic security bureau stationed at the locality of his residence.

Article 22 Where any holder of the residence permit for aliens wish to moveout of the city or county of residence, he shall, before moving, go through theremoval registration procedures at the public security bureau stationed at thelocality of his residence and, within 10 days after moving in, go through themoving-in registration procedures at the public security bureau stationed at thenew locality.

An alien residing permanently in China who wishes to apply for a change ofresidence shall first make an application to the public security bureau at thenew place of residence for a permit, and then with this permit go through theremoval registration procedures in accordance with the provisions of thepreceding paragraph.

Article 23 For the sake of national security, public order or other publicinterests, the municipal or county public security bureau may imposerestrictions on the establishment of residences or business offices in certainareas by aliens or by foreign institutions; residences or business officesalready established in the aforesaid areas under restrictions shall move to thenonrestricted areas within the time limits specified in the notice of removalissued by the municipal or county public security bureau.

Article 24 Aliens residing permanently in China shall, once a year and at aprescribed time, present their residence permit for aliens to the local publicsecurity bureau for examination.

The public security bureau may, when considering it necessary, notify analien to present his residence permit for aliens to the entry-exit controldepartment for examination, and the alien shall do so accordingly at the timespecified in the notice.

Article 25 Aliens of 16 years of age or older who reside or stay in Chinashall carry with them their residence certificates or passports for possibleexamination by the police of foreign affairs.

Article 26 As regards a foreign baby born in China, the baby's parents ortheir agent shall, within one month of the baby's birth, submit a reporttogether with the baby's birth certificate to the local public security bureauand go through the registration procedures.

Article 27 In the event that an alien dies in China, his family member,guardian or agent shall, within 3 days of the death, submit a report togetherwith the death certificate of the deceased to the local public security bureau,and present, for cancellation, the residence certificate or visa of thedeceased.

With respect to cases of aliens' unnatural deaths, the persons concerned orthe discoverers shall report the cases immediately to the public security organ.

Article 28 The competent authorities of the Chinese Government mentioned inArticle 19 of the Law on Control of the Entry and Exit of Aliens refers to theMinistry of Labor of the People's Republic of China.

Chapter IV

Registration for Lodging

Article 29 Aliens who stay at such enterprises or institutions asguesthouses, hotels, inns, hostels, and schools, or at government departments,public organizations and other Chinese institutions shall produce their validpassports or residence certificates, and fill in the registration form oftemporary accommodation. When seeking accommodation in an area not open toaliens, they shall produce their travel permit in addition.

Article 30 Aliens who lodge with the Chinese residents shall, through thehosts or by themselves, within 24 hours of their arrival in a city or a town,submit a report to the local public security organ with their passport and othercertificates and the host's residence booklet, fill in the registration form oftemporary accommodation, and within 72 hours of their arrival in thecountryside, report to the local police station or to the local residenceregistration office.

Article 31 Aliens who lodge at resident foreign institutions in China orwith other aliens residing in China shall through the host institutions or thehosts or by themselves, within 24 hours of their arrival, submit a report to thelocal public security organ with their passport or residence certificate andfill in the registration form of temporary accommodation.

Article 32 Aliens having long-term residence in China who wish to lodgetemporarily in a place other than their own residence shall report and registerthe accommodation in accordance with the provisions of Article 29, 30 and 31 ofthese Rules.

Article 33 Aliens who accommodate in mobile lodgings shall, within 24hours, submit a report to the local public security organ. The organizations orindividuals who furnish sites for aliens' mobile lodgings shall 24 hours inadvance submit a report to the local public security organ.

Chapter V

Travels

Article 34 Aliens who wish to travel in cities or counties that are notopen to aliens shall apply in advance to the public security bureau of the cityor county where they stay for a travel permit, and they can start for theirdestination only after they have obtained permission. To apply for a travelpermit, aliens shall go through the following procedures:

(1) to produce for examination their passport or residence certificate;

(2) to submit certifications relating to their purpose of travel; and

(3) to fill in the travel application form.

Article 35 The longest term of validity of the travel permit for aliensshall be one year, provided that it shall not exceed the term of validity oftheir visa or residence certificate.

Article 36 When aliens who have already obtained their travel permit wishto extend the term of validity of their travel permit, to visit additional spotsthat are not open to aliens, or to increase the number of accompanying persons,they shall apply to the public security organ for the extension or change.

Article 38 Aliens shall leave the country within the time limits specifiedin their visas, or within the term of validity of their residence certificates.

Article 39 Where holders of residence certificate for aliens leave and areto reenter China within the term of validity of their residence certificate,they shall, before leaving, apply to the local public security organ for areentry visa in accordance with the relevant provisions of Article 5 and 6 ofthese Rules.

Holders of residence certificate for aliens shall, when leaving China,present their residence certificate to the border inspection office forcancellation if they will not return to the country.

Chapter VII

Penalties

Article 40 Aliens who enter or leave China illegally may be punished with afine of 1000 to 10000 yuan, or held in detention for 3 to 10 days, and may alsoconcurrently be ordered to leave the country within a specified time limits orbe deported from the country; where the circumstances are serious enough toconstitute a crime, they shall be investigated for the criminal responsibilityaccording to law.

Article 41 Persons in charge of means of transport or their agent who, inviolation of the provisions of Article 11 of these Rules, refuse to fulfill theobligations may be punished with a fine of 1000 to 10000 yuan, or be held indetention of 3 to 10 days.

Article 42 Aliens who, in violation of the provisions of Article 16, 19 and20 of these Rules, stay in China illegally may be given a warning, or fined 500yuan for each day they stay for illegally with a maximum of 5000 yuan, or beheld in detention of 3 to 10 days, and, where the circumstances are serious,concurrently be ordered to leave the country within a specified time limits.

Aliens who violate the provisions of Article 21 and 22 of these Rules may begiven a warning or punished with a fine of not exceeding 500 yuan, and, wherethe circumstances are serious, concurrently be ordered to leave the countrywithin a specified time limits.

Aliens who, in violation of the provisions of Article 23 of these Rules, donot carry out decisions made by the public security organ may, in addition tobeing enforced to carry out the decisions, be given a warning or punished with afine of 1000 to 10000 yuan, and, where the circumstances are serious,concurrently be ordered to leave the country within a specified time limits.

Article 43 Aliens who, in violation of the provisions of Article 24 and 25of these Rules, fail to present for examination their residence permit asrequired, or to carry with them their passport or residence certificate, orrefuse to be examined on their certificate by the police may be given a warningor punished with a fine of not exceeding 500 yuan, and, where the circumstancesare serious, concurrently be ordered to leave the country within a specifiedtime limits.

Article 44 Aliens who engage in employment in China without approval of theMinistry of Labor of the People's Republic of China or departments authorizedthereby may, in addition to being demanded an end to their office or employment,be punished with a fine of not exceeding 1000 yuan, and, where the circumstancesare serious, concurrently be ordered to leave the country within a specifiedtime limits.

Any organization or individual who employs aliens without permission may,in addition to being demanded an end to its/his employ, be punished with a fineof 5000 to 50000 yuan and in addition, be ordered to bear all the expensesrequired for repatriating the aliens they employ without permission.

Article 45 Anyone who is held responsible for, in violation of theprovisions of Chapter IV of these Rules, the failure to go through theregistration procedure for getting accommodation or to submit a report to thepublic security organ for lodging registration, or for providing accommodationto an alien who does not hold any valid certificate, may be given a warning orpunished with a fine of 50 to 500 yuan.

Article 46 Aliens who, in violation of the provisions of Article 34, 36 and37 of these Rules, make a tour to an area not open to aliens without approvalmay be given a warning or punished with a fine of not exceeding 500 yuan, and,where the circumstances are serious, concurrently be ordered to leave thecountry within a specified time limits.

Article 47 Aliens who forge, alter, use other than their own, transfer ortraffic in visas or other certificates may, in addition to the revocation orconfiscation of the original visas or other certificates with confiscation oftheir illegal gains, be punished with a fine of 1000 to 10000 yuan, or held indetention of 3 to 10 days, and also concurrently be ordered to leave the countrywithin a specified time limits, and, where the circumstances are serious enoughto constitute a crime, be investigated for the criminal responsibility.

Article 48 Those who violate the Law on Control of the Entry and Exit ofAliens and these Rules due to force majeure may be exempted from penalty.

When an alien is unable to pay a fine, the penalty may take the form ofdetention.

Article 49 Penalties such as fines and detention provided for in thisChapter shall also be applicable to persons who are held responsible forassisting aliens to enter or leave the country illegally, causing aliens toreside or stay in China illegally, engaging or employing aliens who seek jobswithout permission, or facilitating aliens without valid travel certificates intheir entry into areas not open to aliens.

Article 50 Persons are punished but refuse to accept the penalty of a fineor a detention imposed by the public security organ may, within 15 days ofreceiving the notice, appeal, directly or through the original organ that madethe decision on punishment, to the public security organ at a higher level,which shall, within 15 days of receiving the appeal, make a final decision.Persons who are punished may also bring a suit directly to the local people'scourt.

Article 51 The penalties provided for in this Chapter shall be executed bythe public security organ.

Chapter VIII

Other Provisions

Article 52 Aliens who wish to apply for extension or alteration of varioustypes of visas or certificates shall go through the following procedures:

(1) to present for examination their passports, visas and othercertificates;

(2) to fill in the application form for extension or alteration; and

(3) to provide certifying documents relating to the extension or alteration.

Article 53 Aliens who apply for various types of visas or certificates, orfor extension or alteration of their visas or certificates, shall pay fees forvisas or certificates according to the relevant provisions.

The rates of fees for various types of visas and certificates shall beseparately prescribed by the Ministry of Public Security and the Ministry ofForeign Affairs.

Persons from a country that has signed an agreement with the Chinesegovernment on fees for visas shall follow the relevant agreement.

Article 54 Foreign children under 16 years of age who share the samepassport with their parents or guardian, need not, when coming to China withtheir parents or guardian, go through separately the procedures for entry,transit, residence or travel.

Article 55 In the event that an alien has his visa or certificates issuedby the Chinese government lost or damaged, he shall promptly report to theentry-exit control department of the local public security bureau and apply fora replacement. Aliens who have lost their residence permit for aliens shallpublish an announcement in a local newspaper to declare the lost permit invalid.

Article 56 The format of various types of visas, certificates andapplication forms mentioned in these Rules shall be made out separately by theMinistry of Public Security and the Ministry of Foreign Affairs.

Article 57 These Rules shall go into effect as of the date of promulgation.